D.Selvarani v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.11.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH D. Selvarani ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Salamedu, Villupuram, Villupuram District - 605 602.

2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Head Office, Villupuram - 605 602.

3.The Administrator, Tamil Nadu State Transport Corporation, Employees Pension Fund Trust, Pallavan Salai, Chennai - 600 002.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 24.07.2023 and to pay interest for the period 11.04.2022 to 18.06.2023, for the belated payment 1/4

of retirement benefits of Gratuity, Surrender Leave Salary, commutation of pension amount to the petitioner within a reasonable time frame fixed by this Court.

For Petitioner : Mr.S. Natarajan For Respondents : Mrs.Pavithra, Standing Counsel [R1 & R2] Mr.C.S.K. Sathish, Standing Counsel [R3]

ORDER

With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.

2. The petitioner herein had retired from service on 11.04.2022 under the Voluntary Retirement Scheme. However, her terminal benefits came to be settled belatedly on 18.06.2023 and the respondents have not paid interest for the belated payment. In this regard, the petitioner has given a representation to the respondents on 24.07.2023, which is yet to be considered.

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3. This Court, in various decisions, have already taken a view that in all cases of belated payment of the terminal benefits, the concerned employee would be entitled for interest at the rate of 6% per annum. In this background, this Court is of the view that if the respondents are directed to pay interest on the belated payment of the terminal benefits of the petitioner, the ends of justice could be secured.

4. In the light of the above observations, there shall be a direction to the respondents herein, to settle the interest amount at the rate of 6% per annum on the belated payment of the terminal benefits from the date of the petitioner's retirement till the date of actual payment, within a period of four (4) weeks from the date of receipt of a copy of this order.

5. With the above direction, the Writ Petition stands disposed of. No costs.

03.11.2023 Index:Yes/No Speaking order/Non-speaking order Hvk 3/4

M.S.RAMESH,J.

Hvk To 1.The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Salamedu, Villupuram, Villupuram District - 605 602.

2.The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Head Office, Villupuram - 605 602.

3.The Administrator, Tamil Nadu State Transport Corporation, Employees Pension Fund Trust, Pallavan Salai, Chennai - 600 002.

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